Stermer v. State

HENDERSON, Judge.

Appellant was convicted of an. aggravated assault, and his punishment assessed at a fine of $25; hence this appeal:

- Appellant testified in his own behalf, and his evidence raises the question of mistake of fact. He testifies that his wife and.the prosecutrix were sleeping in adjoining rooms, and the doors to said rooms were only about two or three feet apart; that he was sleeping on the gallery in front of the rooms, and undertook to go into his wife’s room for the purpose of having intercourse with her. It was dark, and he mistook the door and went into the room where…